Circular No. 13/2013/TT-BNNPTNT on Marine Fishing Vessel Surveyors

TCIRCULAR

activities of calibration, verification, testing 3. Amend Clause 3 Article 2 as follows:fishing vessel surveyor

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Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

On the basis of Decree No. 75/2009/ND-CP dated 10/9/2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 66/2005/ND-CP dated May 19, 2005 of the Government on ensuring safety for persons and fishing vessels engaged in fisheries activities;

At the proposal of the Director General of the Fisheries General Department;

AND Ministry of Science and Technology OF AGRICULTURE AND RURAL DEVELOPMENT regulations on fishing vessel surveyors:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates on vocational training; categories of fishing vessel surveyors; appointment and removal; powers and responsibilities of fishing vessel surveyors.

2. This Circular applies to organizations and individuals related to the training, appointment, and removal of fishing vessel surveyors.

Article 2. Interpretation of Terms

A fishing vessel surveyor (hereinafter referred to as "surveyor") is a civil servant or officer who has graduated from a college or university in one of the following majors: ship hull, ship machinery, marine electrical engineering, ship mechanical engineering, fisheries exploitation, refrigeration, maritime safety; has been issued a certificate of vocational training for fishing vessel surveyors and appointed as a fishing vessel surveyor in accordance with this Circular.

Article 3. Categories of Surveyors

Surveyors are classified into the following categories:

1. Category III Surveyor;

2. Category II Surveyor;

3. Category I Surveyor.

Chapter II

CATEGORIES OF SURVEYORS

Article 4. Category III Surveyor

1. Duties:

a) Review design and construction, final inspection during the construction, modification, and repair of fishing vessels;

b) Inspect and assess the technical condition annually of various types of fishing vessels operating in Vietnam's territorial waters according to the trained specialty;

c) Inspect materials, machines, and equipment installed on fishing vessels;

d) Prepare registration inspection files for inspected objects;

đ) Calculate fees and registration charges for inspected objects;

e) Research and provide comments on the drafting of legal normative documents, standards, technical regulations, and rules.

2. Professional Qualifications:

a) Has graduated from a college or higher in one of the following specialties: ship hull, ship machinery, marine electrical engineering, ship mechanical engineering, fisheries exploitation, refrigeration, maritime safety;

b) Has been issued a certificate of vocational training for Category III Surveyor;

c) Possesses English language proficiency at level A or above;

d) Has completed a minimum of two years of practical training in registration inspections at inspection units for those with a college or associate degree, or one year for those with a bachelor's degree or higher.

Article 5. Category II Surveyor

1. Duties:

In addition to the tasks of Category III fishing vessel surveyors, Category II fishing vessel surveyors must also perform the following tasks:

a) Approve designs for new construction, modification, and restoration of technical files for various types of fishing vessels, except foreign fishing vessels operating in Vietnam;

b) Inspect and assess the initial, periodic, annual, and extraordinary technical conditions of various types of fishing vessels according to the trained specialty;

c) Inspect and test materials, machines, and equipment installed on fishing vessels during manufacture and import;

d) Participate in technical investigations and accident investigations involving fishing vessels;

đ) Participate in drafting legal normative documents, standards, technical regulations, and rules;

e) Guide vocational training for Category III fishing vessel surveyors.

2. Professional Qualifications:

In addition to the requirements for Category III fishing vessel surveyors, Category II fishing vessel surveyors must be able to lead and organize comprehensive technical inspections and assessments of fishing vessels' overall technical conditions and must meet the following conditions:

a) Has been appointed as a Category III Surveyor and has continuously held that position for a minimum of three years for those with a bachelor's degree, or five years for those with a college or associate degree;

b) Has been issued a certificate of vocational training for Category II Surveyor;

c) Has graduated from a bachelor's program in one of the following specialties: ship hull, ship machinery, marine electrical engineering, ship mechanical engineering, fisheries exploitation, refrigeration, maritime safety;

d) Possesses English language proficiency at level B or above.

Article 6. Category I Inspector

1. Duties:

In addition to the tasks assigned to Category II Fishing Vessel Inspectors, Category I Fishing Vessel Inspectors must also perform the following tasks:

a) Participate in developing strategies, plans, and long-term programs regarding fishing vessel inspection work;

b) Lead the implementation of scientific research projects, draft regulatory documents, standards, technical regulations, inspection guidelines;

c) Approve designs for new construction and modification of all types of fishing vessels;

d) Conduct initial and periodic technical condition inspections on all types of fishing vessels according to their specialized training;

đ) Provide guidance on inspection procedures for Category II Fishing Vessel Inspectors.

2. Professional Qualifications:

In addition to the requirements for Category II Fishing Vessel Inspectors, Category I Fishing Vessel Inspectors must also meet the following requirements:

a) Be a Category II Fishing Vessel Inspector with at least three consecutive years holding that category;

b) Have graduated from university in one of the following majors: ship hulls, ship engines, marine electrical systems, ship machinery, refrigeration and heating, maritime safety assurance;

c) Have been issued a certificate for Category I Fishing Vessel Inspector vocational training.

d) Possesses English language proficiency at level B or above.

Chapter III

VOCATIONAL TRAINING FOR INSPECTORS

Article 7. Vocational Training and Issuance of Certificates

The Fisheries General Department recognizes units qualified to provide inspector vocational training. Training units issue certificates for inspector vocational training. (The Certificate for Category I Fishing Vessel Inspector vocational training shall be in accordance with the model prescribed in Appendix I attached to this Circular).

Article 8. Student Files

1. A letter requesting staff to attend training from the sending agency or unit.

2. Curriculum vitae.

3. Health certificate.

4. Professional qualification certificates (certified copies).

5. Two color photographs measuring 3x4 cm.

Article 9. Inspector Training Program

1. The framework program for inspector training (in accordance with the model prescribed in Appendix II attached to this Circular);

2. Based on the framework training program, the training unit develops detailed annual training plans and compiles training materials to submit for approval by the Ministry.

Article 10. Instructor Standards

1. Instructors for Category III Inspector training must meet the following conditions:

a) Be a Category II Inspector or higher..

b) Hold a bachelor's degree in relevant fields corresponding to the training content.

c) Have at least five years of practical experience working at shipbuilding and repair facilities or in fishing vessel management.

2. Instructors for Category II Inspector training must meet the following conditions:

a) Be a Category II Inspector or higher.

b) Hold a bachelor's degree in relevant fields corresponding to the training content.

c) Have at least ten years of experience in fishing vessel inspection work.

d) Have at least five years of practical experience working at shipbuilding and repair facilities or in fishing vessel management.

đ) Have participated in developing technical standards and regulations for fishing vessels or drafting regulatory documents concerning fishing vessels.

3. Instructors for Category I Inspector training must meet the following conditions:

a) Be a Category I Inspector or higher.

b) Hold a bachelor's degree in relevant fields corresponding to the training content.

c) Have at least fifteen years of experience in fishing vessel inspection work.

d) Have at least ten years of practical experience working at shipbuilding and repair facilities or in fishing vessel management.

đ) Have participated in developing technical standards and regulations for fishing vessels or drafting regulatory documents concerning fishing vessels.

4. Additionally, training units may hire experts both within and outside the industry who have more than five years of related professional experience, high reputation, and expertise to participate in teaching relevant subjects.

Article 11. Conditions for units providing professional training for ship surveyors

1. Having functions and tasks to provide professional training for ship surveyors;

2. Having programs, textbooks, and materials consistent with the framework program approved by the Ministry of Agriculture and Rural Development;

3. Lecturers providing training for ship surveyors must meet the conditions stipulated in this Circular.

Chapter IV

APPOINTMENT AND REMOVAL OF SHIP SURVEYORS

Article 12. Authority to appoint and issue certificates for ship surveyors

The Director of the Fisheries General Department has the authority to appoint and remove ship surveyors; Issue and revoke identification cards and technical seals of fishing vessel surveyors according to the regulations of the Ministry of Agriculture and Rural Development.

Article 13. Documents for application to appoint ship surveyors

1. For Class III Ship Surveyors

a) A request letter for appointment of ship surveyors from the inspection unit (original);

b) Graduation certificate of secondary vocational school, college, or university (certified copy or copy with original for verification);

c) English proficiency certificate at level A (certified copy or copy with original for verification);

d) Summary of work experience confirmed by the managing agency;

đ) Certificate of professional training for Class III fishing vessel surveyors (certified copy or copy with original for verification);

e) Confirmation of internship period at inspection units;

đ) Three (3) color photographs measuring 3 x 4 cm;

2. For Class II Ship Surveyors

a) A request letter for appointment of Class II ship surveyors from the inspection unit (original);

b) University graduation certificate (certified copy or copy with original for verification);

c) English proficiency certificate at level B (certified copy or copy with original for verification);

d) Summary of work experience confirmed by the managing agency;

đ) Certificate of professional training for Class II fishing vessel surveyors (certified copy or copy with original for verification);

e) Three (3) color photographs measuring 3 x 4 cm;

3. For Class I Ship Surveyors:

a) A request letter for appointment of Class I ship surveyors from the inspection unit (original);

b) University graduation certificate (certified copy or copy with original for verification);

c) English proficiency certificate at level B (certified copy or copy with original for verification);

d) Summary of work experience confirmed by the managing agency;

đ) Certificate of professional training for Class I fishing vessel surveyors (certified copy or copy with original for verification);

e) Three (3) color photographs measuring 3 x 4 cm;

4. For ship surveyors applying for card replacement:

a) A request letter for replacement of ship surveyor cards from the inspection unit (original);

b) Certificate of professional training for fishing vessel surveyors (certified copy or copy with original for verification);

c) Expired ship surveyor card (original);

đ) Three (3) color photographs measuring 3 x 4 cm;

Article 14. Appointment of ship surveyors

1. Organizations and individuals submit one (1) set of documents either directly or by mail to the Fisheries General Department.. The documents required for the application to appoint ship surveyors for each class of ship surveyors are specified in Article 13 of this Circular.

2. The Fisheries General Department receives and checks the completeness of the documents. If the documents are incomplete, organizations and individuals will be guided to complete them.

3. After being appointed, ship surveyors will be issued identification cards, technical seals, and surveyor badges to perform their duties. Technical seals and badges will be provided together with the card and used within the validity period of the ship surveyor card.

4. The identification card and badge of ship surveyors have a validity period of thirty-six (36) months from the date of issuance.

5. Sample of identification card and badge of fishing vessel surveyors (as prescribed in Appendix III attached to this Circular);

6. Fishing vessel surveyors may only use the identification card, badge, and technical seal while performing safety technical inspection tasks.

7. The examination and appointment of ship surveyors are conducted twice a year.

Article 15. Dismissal of Surveyors

1. A Surveyor shall be dismissed and their Surveyor Card revoked if they violate any of the following circumstances to a degree that warrants disciplinary action from a warning or higher:

a) Violating current regulations while performing duties.

b) Engaging in corrupt behavior, harassment, or causing difficulties for production facilities during the performance of duties.

2. When a Surveyor is dismissed, retires, resigns, or transfers positions, the managing entity shall be responsible for recovering the card, insignia, and technical seals, and reporting to the Fisheries General Department.

Chapter V

RIGHTS AND RESPONSIBILITIES OF SURVEYORS

Article 16. Rights and Authorities of Surveyors

1. Requesting owners of fishing vessels or shipbuilding and repair facilities to provide technical designs and completion certificates, and creating necessary conditions at the site for Surveyors to monitor and conduct technical inspections to ensure safety during duty execution.

2. Reserving and reporting to superiors any opinions differing from the head of the unit's decisions regarding the assessment conclusions on the technical status of fishing vessels and equipment.

3. Signing and using stamps and seals when preparing survey records for fishing vessels and equipment according to regulations.

4. Surveyors are entitled to allowances; provided with tools for technical inspection work, uniforms, and insignias as stipulated by law.

5. The right to refuse to perform technical inspection requests if deemed insufficient factors and conditions for conducting inspections as required by regulations.

Article 17. Responsibilities of Surveyors

1. Conducting technical supervision and inspection of fishing vessels as prescribed.

2. Participating in drafting norms, standards, technical regulations, training, and guiding surveyor practices.

3. Performing specific tasks according to the assigned category of fishing vessel surveyor. While performing surveyor duties, they must wear the surveyor card.

Chapter VI

IMPLEMENTATION

Article 18. Responsibility for Implementation

1. The Director of the Fisheries General Department is responsible for directing, inspecting, annually compiling, and reporting to the Ministry of Agriculture and Rural Development on the training, appointment, and dismissal of fishing vessel surveyors.

2. During implementation, if any issues arise or obstacles occur, relevant agencies and units shall promptly report and propose to the Ministry of Agriculture and Rural Development (Fisheries General Department) for consolidation and submission to the Minister for review and appropriate amendments.

Article 19. Effective Date

This Circular takes effect from April 1, 2013.

This Circular replaces Decision No. 05/2006/QĐ-BTS dated February 6, 2006, issued by the Minister of Fisheries (now the Ministry of Agriculture and Rural Development), concerning the issuance of the Regulations on Fishing Vessel Surveyors./.